South Florida is one of the busiest construction markets in the country. Cranes line the skyline of Brickell, Edgewater, Wynwood, Doral, and downtown Coral Gables. Single-family teardowns, condo conversions, and infrastructure projects keep tens of thousands of workers on Miami-Dade job sites every day. Florida construction work is also dangerous: falls from heights, scaffold and ladder collapses, crane and forklift incidents, electrocutions, and being struck by falling tools or materials kill or seriously injure construction workers across the state every year. If you have been hurt on a Miami construction site, a Florida construction accident lawyer can help you understand which claims you have, who is responsible, and how to maximize your recovery.
Florida construction injury cases almost always involve two parallel tracks. The first is workers' compensation under Florida Statute Chapter 440. If you were a W-2 employee at the time of the injury, your employer's workers' comp carrier is required to pay your medical bills and a portion of your lost wages, regardless of fault — and in most cases this is your exclusive remedy against your employer. You generally cannot sue your direct employer in tort.
The second track is the third-party negligence claim. Florida construction sites typically involve a general contractor, multiple subcontractors, an owner, an architect, equipment lessors, material suppliers, and inspectors. If any party other than your direct employer caused or contributed to your injury — for example, a subcontractor whose unmarked floor opening you fell through, or a manufacturer whose defective scaffold collapsed — that party can be sued in a separate civil action. The third-party case is often where the real money is, because Florida workers' compensation benefits are capped and do not pay for pain and suffering.
The Occupational Safety and Health Administration sets minimum safety standards for every construction site in the United States, including those in Miami. After a serious injury or fatality, OSHA will typically investigate and may issue citations to one or more contractors on the site. While an OSHA citation by itself is not automatically a finding of legal liability, it is powerful evidence that an industry safety standard was violated. We routinely obtain the full OSHA inspection file under the Freedom of Information Act and use the findings to support our negligence claims against general contractors and subcontractors.
For construction accidents that occurred on or after March 24, 2023, Florida's statute of limitations for negligence claims is two years from the date of the injury. Workers' compensation claims have their own deadlines: you must report the injury to your employer within 30 days under § 440.185 and file a petition for benefits within two years of the accident. Wrongful-death claims arising from a construction site fatality must be filed within two years of the date of death.
The available insurance and assets vary widely from case to case. A typical Miami high-rise project will have a general contractor's commercial general liability (CGL) policy with $2 million or more in limits, separate CGL coverage for each subcontractor, an owner's wrap-up policy (OCIP) on larger jobs, professional liability for the architect and engineers, and product liability coverage for equipment manufacturers. Identifying every potentially responsible party — and every applicable policy — is one of the first things we do on a serious construction injury case.
If you or a family member has been injured on a Miami construction site, the Law Offices of Albert Goodwin can help. We work with safety engineers, OSHA experts, and accident reconstructionists to build the strongest possible third-party case while making sure your workers' compensation benefits are protected. Call us at 786-522-1411 or email [email protected] for a free consultation.